Neutral Citation No. - 2025:AHC:45630 Court No. - 6 Case :- WRIT - A No. - 18568 of 2023 Petitioner :- Ahmad Raza Khan Respondent :- State of U.P. and Another Counsel for Petitioner :- Arvind,Sanjeev Singh Counsel for Respondent :- Nagendra Kumar Pandey Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Sanjeev Singh, learned counsel for petitioner and Sri Nagendra Kumar Pandey, learned counsel for respondent No.2. 2. This Court has passed following order on 19.03.2025 :- "1. The Court is displeased on the supplementary counter affidavit filed today sworn by Ms. Monika, presently posted as District Basic Education officer, Amroha, that instead of verifying the list supplied by the petitioner by way of supplementary affidavit whether the persons named therein were appointed on compassionate appointment or not, she has made a very vague explanation. 2. Today, she is present before this Court and when she was confronted with such position that whether she is able to verify about compassionate appointment of the persons mentioned in the list, she has specifically stated that it can be done within a period of seven days. Therefore, the Court is not able to understand why a vague affidavit was filed. Still considering that this matter has to be decided finally, therefore, a final opportunity is granted to the District Basic Education Officer concerned to verify and file an affidavit within ten days from today. She will remain present on next date of hearing i.e. on 02.04.2025. 3. List this matter on 02.04.2025. " 3. Ms. Monika, District Basic Education Officer, Amroha, is present before this Court. 4. Learned counsel for respondent No.2 i.e. B.S.A. Amroha refers paragraph No.7 of a compliance affidavit dated 01.04.2025 which is reproduced hereinafter :- "7. That thereafter, on the same date i.e. 28.03.2025 the deponent issued a letter to the petitioner directing therein to move an application on Manav Sampada Portal for the appointment as Class-IV Employee." 5. Learned counsel for respondent No.2 also refers Annexure No.3 that a direction is passed to conclude the proceeding for appointment of petitioner on compassionate ground as III/IV Class (supernumerary). Now the petitioner is directed to submit application for compassionate appointment on post of Class - IV. 6. Learned counsel for petitioner submits that claim of petitioner can be considered on a Class- III post since he posses all requisite qualification and his claim has not been rejected for consideration on said post. 7. In the aforesaid circumstances, since prayer of petitioner has been substantially addressed and he is now offered compassionate appointment on Class IV post, however, still considering that no reason has been assigned as to why he has not been offered on a Class III post, therefore, this writ petition is disposed of with an observation that respondent will take a sympathetic view and will consider whether in given circumstances and that if petitioner has all requisite qualifications and there is no legal bar, his claim will be considered for compassionate appointment on Class III post after taking note of a judgment passed by Division Bench of this Court in Smt. Premlata Vs. State of U.P. and 3 others, 2018:AHC:154098-DB within a short period. Order Date :- 2.4.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad